What to Do If You’re in a Car Accident Without Insurance but Not At Fault in Alabama

Driving without insurance is a serious offense in Alabama—and if you’re in an accident while uninsured, you could lose your license.
Written by Jennifer Justice
Reviewed by Kathleen Flear
If you get in a wreck in
Alabama
and don’t have insurance, it causes more problems than just damage to your car. Alabama does not allow you to seek financial compensation from the other driver if you contributed to the accident in any way—instead, you will have to pay your own repair and medical bills. You’ll also face serious consequences for not having insurance.
Are you getting ripped off on your car insurance? Find out in less than two minutes.
No long forms · No spam · No fees
Find insurance savings
4.7/5 Rating on App Store

What to do if you’re in a car accident without insurance in Alabama and not at fault

Be aware that it’s illegal to
drive without car insurance
, so if you get into an
car accident
while uninsured, you’ll be in more trouble. However, you don’t want to panic. You need to do several things to avoid additional problems.
First, do not leave the scene of the accident—this will make things worse. You can be charged with a
hit-and-run
whether you have insurance or not. Depending on how severe the accident is and whether people were hurt, you could face the following charges.
  • Property damage: Class A misdemeanor; up to a year in jail and/or up to a $6,000 fine
  • Injury or death: Class C felony; prison sentence of 1-10 years and a possible fine of up to $15,000
Stay at the scene of the accident, but move your vehicle out of the way of traffic while staying as close to the original location as possible. You want to check for injuries and call 911 or the local police.
You are legally required to seek help for injuries, which includes the other driver or passengers involved in the accident. You also have to provide the following information:
Start documenting the accident—take as many photos of the accident scene, vehicles, possible injuries, and the roadway.
You also want to write down a description of the other driver, any passengers, the names of witnesses,
license plates
, and details about the accident, such as the direction the other vehicle was going and what happened right before the crash.
You’ll need to report the accident to the local police. You want the police to file a report if you were not at fault since this can help you later on during the investigation. If you are 100% free of any blame in the accident, you can file a claim with the other driver’s insurance and even sue them for personal injury.
However, since Alabama is an “at fault” state and follows the
pure contributory negligence law
, that complicates things.
You must be 100% blameless for the accident to seek damages or sue the other driver for things like injuries. If you contributed to the accident in any way, you are responsible for paying for your own repairs, hospital bills, and more without insurance. Double ouch.
Key Takeaway: Getting into an accident when you don’t have insurance is bad, but you can minimize potential problems by following the right steps.

Who decides fault in a car accident in Alabama?

While the police will help file a report and record information used to determine fault, it is ultimately up to the insurance company. If you’re uninsured and the other driver is insured, that person’s insurance company would have to cover your bills if you are 100% blameless.
You have a few options if you don’t have insurance to help you out. If it’s decided you did not contribute to the accident (you’re 0% at fault), you can try to sue the other driver to get at least some of your bills covered. If you have health insurance, this can also help with medical bills. 
You’ll want to document as much as possible about the accident right after it happens. Written information, such as a description of the accident, photos, and witnesses, can help prove you are not at fault.

Do you need to report a car accident in Alabama? 

Yes, most of the time. You must file a police report within 30 days of the accident if the property damage is over $250 or if there are any injuries. You might not realize how expensive the damage is or that you are injured until a couple of days afterward, so it’s better to be safe than sorry.
Legally, you must talk to the property owner or at least leave your contact information and vehicle details for any accident, regardless of whether it is a parked car, a street sign, or personal property. For example, if you accidentally drive off the road and damage someone’s front lawn, you must let the owner know. 

What if you’re at fault?

Nothing good will happen if you’re at fault for an accident without insurance. Even a “minor” accident can lead to major bills.
If it’s proven that the other driver is partially negligent for the accident, both drivers will have to handle their own financial concerns.
Each time you are convicted of driving without insurance, it brings a different consequence:
  • First time—up to $500 fine and up to 3 months in jail
  • All other times—up to $1,000 fine and up to 6 months in jail
On top of that, you face legal consequences: you can have your registration and
license suspended
for up to 180 days, be fined up to $1,000, and even go to prison for up to six months.
To get your registration and
license reinstated
, you’ll have to pay another $200 for the reinstatement fee and obtain an
SR-22 certificate
for insurance—leading to a higher insurance premium. Saving a little money by skipping on insurance now means much bigger bills in the long run.
If you had insurance coverage when you got into the accident but didn’t have
proof of insurance
on you at the time, the judge might dismiss your fine, but you’ll still have to cover the court costs for your appearance. 
RECOMMENDED
Compare auto insurance policies
No spam or unwanted phone calls · No long forms
Find insurance savings

What if you’re hit by an uninsured driver in Alabama?

Let’s say you have insurance, but the other driver doesn’t. Now what? You can file a claim with your insurance company, get a police report, and try to go after the other driver for damages, but involving the legal courts means a lot of time and effort.
Alabama requires insurance companies to include an option for
uninsured driver coverage
, but you don’t have to accept this coverage. However, you shouldn’t skip out on this extra coverage—nearly 20% of drivers in Alabama (1 in 5) don’t have insurance, so you run a big risk if you waive uninsured driver coverage altogether. 
Beyond uninsured drivers, you also want to consider
bodily injury liability
and
medical payments (MedPay)
coverage to help with medical bills. There are options for
collision coverage
to help repair your vehicle as well. 
It really doesn’t pay to skimp on coverage. There are a lot of uninsured drivers, as well as people whose insurance coverage is so low that it won’t do much to cover your bills if you get into an accident. 
Key Takeaway: Nearly 20% of drivers in Alabama drive uninsured, so it’s worth your time to protect yourself with uninsured motorist coverage in addition to bodily injury liability and medical payments coverage.

Minimum required car insurance in Alabama

Wondering what Alabama’s bare
minimum insurance requirement
is so you have basic coverage? Alabama requires you to have the following:
Insurance companies in Alabama are required to ensure your policy has at least this much coverage.
Since there are so many uninsured drivers and drivers with minimal insurance in Alabama, experts advise increasing your insurance coverage so that you get $100,000 for bodily injury per person, $300,000 maximum for all bodily injuries, and $100,000 for property damage liability. 
You should also consider adding
comprehensive coverage
, which helps pay for repairs if your vehicle is damaged in a non-collision event, and collision coverage, which covers damage to your car from any single or multi-car collision.

Driving without insurance can increase premiums

And if you need another reason to get at least the absolute minimum for insurance, remember that your costs will only go up if you’re caught driving without insurance.
Things like violations can affect your rate, especially if you have to get that SR-22 certificate on top of it. You don’t want to be forced to pay a premium price for your policy. 
If you're convicted of driving without insurance and find your insurance rates rising, why not turn to
Jerry
?
We will do all the hard work for you to make sure you have the right
car insurance
coverage at the right price. Just answer a few questions, and Jerry will find the best deals for you across dozens of top insurance providers.
“I’ve shaved off at least $50 a month using Jerry. For now, I chose only to pay for Alabama state minimums, but I am confident that with
Jerry
, I can upgrade or change my coverage at any time. The AI-integrated process is really intuitive, too!” —Fred D.
RECOMMENDED
Jerry automatically checks if you are paying the lowest price for your insurance, for free.
Instantly compare top insurance companies
No spam or unwanted phone calls · No long forms
What insurance do you want to compare?

Easiest way to compare and buy car insurance

√
No long forms
√
No spam or unwanted phone calls
√
Quotes from top insurance companies
Find insurance savings